If you or someone you know is facing criminal charges, it’s important to understand the difference between misdemeanors and felonies. These two classifications of crimes carry different levels of severity and consequences. Knowing the distinction can help you better understand what to expect in the legal process. In this FAQ, we’ll answer common questions people have about misdemeanors and felonies. For further guidance, Newark criminal lawyers can provide more insight based on your situation.
What Distinguishes A Misdemeanor From A Felony?
The main difference between a misdemeanor and a felony is the severity of the offense and the potential punishment. Misdemeanors are generally considered less serious crimes, with punishments usually involving fines, probation, community service, or a short jail sentence, typically less than a year. Felonies, on the other hand, are more severe crimes that can result in longer prison sentences, typically over a year, and heavier fines. The legal system classifies crimes this way to reflect the gravity of the offense and the impact on public safety.
Can A Misdemeanor Become A Felony?
In some cases, a misdemeanor charge can be elevated to a felony, depending on the circumstances of the crime or if it’s a repeat offense. For example, a first-time shoplifting charge might be a misdemeanor, but if the value of stolen goods exceeds a certain amount, or if the person has prior convictions, it could be charged as a felony. Understanding the details of your case and how the charges may apply is essential.
Do Misdemeanors And Felonies Stay On Your Record Permanently?
Both misdemeanors and felonies can remain on your criminal record, though there are options to have them removed through expungement or sealing, depending on your jurisdiction and the nature of the offense. Felonies are more difficult to remove from your record due to their serious nature. Misdemeanors are often easier to expunge, but this varies by case and location. Keeping a clean record can make a significant difference in employment, housing, and other aspects of life.
What Are Some Examples Of Misdemeanor And Felony Offenses?
Common misdemeanor offenses include petty theft, vandalism, disorderly conduct, and simple assault. These crimes are generally non-violent and have less significant consequences. Felony offenses, on the other hand, include crimes like murder, sexual assault, robbery, and major drug offenses. These crimes involve greater harm or risk to individuals or society, which is why they carry more severe penalties.
How Does Sentencing Differ Between Misdemeanors And Felonies?
Misdemeanor sentences are usually served in local jails and are typically shorter, often less than a year. In contrast, felonies usually result in longer sentences served in state or federal prisons. Additionally, felony convictions can lead to a loss of certain rights, such as the right to vote or possess firearms, and may have longer-lasting impacts on a person’s life, such as difficulty finding employment.
Implications Of Misdemeanors And Felonies On Your Case
To grasp the potential consequences and steps involved in resolving your case, it’s important to understand whether an offense is classified as a misdemeanor or felony. If you have questions about the charges you’re facing, it’s essential to speak with legal professionals who can offer guidance specific to your situation. Our friends at Rispoli & Borneo P.C., have been practicing since 1994, and can help answer any additional questions and assist in protecting your rights. Contact us today for further assistance, we provide 24/7 live call answering!